Africa-Press – Ghana. As Ghana struggles with congested court dockets and prolonged legal battles, the solution to a more efficient, accessible, and inclusive justice system lies in Alternative Dispute Resolution (ADR).
With its rich history, legal foundation, and numerous benefits, ADR has emerged as a transformative mechanism in Ghana’s justice delivery system.
A Timely Alternative
ADR offers a timely alternative to traditional court litigation, resolving disputes in weeks or months rather than years. Its flexibility, cost-effectiveness, and confidentiality makes it an attractive option for both civil and commercial cases.
By avoiding lengthy court procedures and legal fees, ADR provides a more affordable path to justice, especially for rural or underserved communities.
Ghana’s ADR Journey
Ghana’s ADR story began with traditional dispute resolution mechanisms led by chiefs and community elders, prioritizing reconciliation, consensus-building, and social harmony.
The Alternative Dispute Resolution Act, 2010 (Act 798) formalized modern ADR, providing a robust legal framework for structured ADR processes. The ADR Centre was established to oversee and promote ADR nationwide.
Significance of ADR week
Since 2010, ADR Week, observed three times annually, in the months of March, July and November, which serves as a platform for the ADR directorate to engage the public, raise awareness about ADR, and educate citizens on accessing this vital mechanism.
The 2025 ADR Week theme, “Adoption of Innovation and Technology to Enhance Access to Justice Delivery through Alternative Dispute Resolution (ADR),” highlights the growing importance of digital tools in expanding access to justice.
Declared by the Chief Justice Paul Baffoe-Bonnie , the week serves as a platform for the ADR Directorate of the Judicial Service to engage the public, raise awareness about ADR, and educate citizens on how to access this vital mechanism.
Chief Justice Baffoe- Bonni has demonstrated a strong commitment to integrating ADR into the formal court system, launching the 2025 ADR Which runs from Monday, November 24 to Friday, November 28, on the theme, “Adoption of Innovation and Technology to Enhance Access to Justice Delivery through Alternative Dispute Resolution (ADR),” which underscores the growing importance of digital tools in expanding access to justice.
Judicial commitment
Successive Chief Justices have demonstrated a strong commitment to integrating ADR into the formal court system.
A landmark initiative was the establishment of the Court-Connected ADR Programme in 2005, which aims to resolve civil cases through mediation before they proceed to trial and since then, ADR units have been established in courts across the country, with trained mediators assigned to various jurisdictions.
Benefits of ADR
According to Mr. Paul Frimpong, the Bono Regional Coordinator of ADR, the advantages of the mechanism are numerous, saying, the ADR processes are generally faster than court litigation, ensuring efficiency and helping parties resolve disputes in weeks or months rather than years.
He highlighted that another major benefit is improved access to justice especially in rural or underserved communities,where formal legal services may be scarce or costly, ADR offers a culturally familiar and cost-effective means of resolving disputes.
He added that this complements efforts under Sustainable Development Goal (SDG) 16, promotes peace, justice, and strong institutions.
Mr. Frimpong further stated that the services are cost-effective because, by avoiding lengthy court procedures and legal fees, ADR offers a more affordable path to justice.
He also noted that ADR proceedings are private, protecting the reputations and interests of the parties involved, and that there is flexibility, with parties having more control over the process.
Persistent challenges
Despite its promise, Mr. Frimpng said ADR in Ghana faces challenges, including inadequate resources, delayed mediator allowances, and limited public awareness. Cultural and institutional resistance, inconsistent court referrals, and the need for continuous training for mediators and court staff also hinder its optimal performance.
He pointed out that some people remains unaware of ADR or misunderstands its purpose, stating that some litigants and even legal practitioners are not comfortable using the services.
Mr. Frimpong explained that while some courts refer cases to ADR, the integration is inconsistent across regions and jurisdictions, limiting its full integration with the formal courts.
He expressed concern about cultural and institutional resistance, where some legal practitioners and litigants still prefer traditional litigation due to the perceived “legitimacy” of court judgments over mediated agreements and asked for continuous training for mediators, arbitrators, and court staff to ensure professionalism and adherence to best practices.
Way forward
To make ADR more effective and sustainable, Ghana must take deliberate steps to increase investment.
The government and development partners must allocate more resources to ADR infrastructure, including training, logistics, the recruitment of mediators, and the timely payment of their allowances, while ensuring administrative support for ADR units across all regions.
While Act 798 provides a strong foundation, periodic review and amendments to strengthen the legal framework can help address emerging challenges, especially regarding the enforcement of mediated agreements.
Nationwide sensitization efforts are needed to demystify ADR and promote its benefits to the public.
Concurrently, the courts should be mandated to refer appropriate cases to ADR, with clear guidelines and monitoring mechanisms.
Law faculties and professional training institutions should place more emphasis on ADR by integrating it into legal education, preparing future legal practitioners to embrace mediation and arbitration as viable first steps in dispute resolution.
Data collection on ADR performance should be improved through an enhanced monitoring and evaluation system to assess its impact, efficiency, and areas for improvement.
Conclusion
ADR holds immense potential to revolutionize Ghana’s justice delivery system.
By embracing ADR as a central pillar, Ghana can decongest its courts, foster a more peaceful, efficient, and accessible legal environment, and promote peace, justice, and strong institutions.
Ghana must increase investment in ADR infrastructure and training, review and amend the legal framework, promote public awareness and sensitization, mandate court referrals to ADR, leverage technology to expand access and integrate ADR into legal education.
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